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Astros Gift Certificates

GIFT CERTIFICATES TERMS AND CONDITIONS

The following terms and conditions (the "Agreement") apply to the Astros gift certificate (the "Certificate") originally purchased or received by you at Minute Maid Park or at the Astros Team Store. Certificates are issued by the Houston Astros (referred to hereinafter as either "Astros", "we", "us" or "our"). By purchasing a Certificate, accepting and retaining a Certificate, or using a Certificate, you agree to these terms and conditions or as amended. We further reserve the right to change, amend or terminate the format, elements, and terms and conditions of the Certificate program at any time with or without notice in our sole discretion.

Use of the Certificate. The Certificate may only be used at Minute Maid Park or at the Astros Team Store. The Certificate cannot be used at any other location and cannot be used to purchase merchandise on the internet or for Aramark concessions purchases. If you attempt to use the Certificate at a non-participating location, your purchase will be declined. The Certificate is not a credit card and cannot be used as one.

Redemptions. Use of the Certificate is limited to the amount of funds held on the Certificate. The full amount of each purchase, including any applicable taxes, will be deducted from the funds held on the Certificate, up to the total funds available on the Certificate. If you make a purchase and there are insufficient funds held on the Certificate to cover that purchase, you must pay the difference by credit card, debit card, check, or cash. The Certificate may not be redeemed for cash except where required by law.

Restrictions. Resale or use of this Certificate for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the Certificate is a limited right, subject to the terms and conditions of the Agreement and applicable law. We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors.

Minimum Purchase. A minimum balance of $5.00 must be loaded on to the Card at the time of purchase. - Can we delete this line since it isn't loadable? YES

Expiration Date. The Certificate will expire five (5) years from the date of purchase or when the value on the certificate is fully depleted, whichever comes first.

Service Charges. Following any twelve (12) consecutive months of inactivity, a service fee of $2.50 per month will be deducted from the remaining balance on the Certificate unless otherwise prohibited by law. The inactivity fee will continue to be assessed and debited on a monthly basis so long as the Certificate remains dormant and until there is no remaining value on the Certificate or the Certificate becomes expired after five (5) years from the date of purchase.

Balance. The balance on the Certificate can be obtained at Minute Maid Park and the Astros Team Store at any location that accepts credit cards. Card must be presented to obtain balance.

Promotional Cards. These terms and conditions do not apply to gift certificates or other stored value cards that are given away free with a purchase, or distributed as a reward, incentive, or as part of a marketing, promotional or customer loyalty program. Promotional Cards may have expiration dates to the extent permitted by applicable law.

Refunds, Exchanges and Credits. Cash refunds are not available and will not be given for any refunds, exchanges, or credits that may occur as a result from any transaction with the Certificate. Any value owed to the customer as a result of a refund, exchange or credit transaction, will be credited back to the Certificate. You must present the actual Certificate in person to perform all transactions, including the types of transactions referenced in this paragraph. If you are unable to present the Card, no refunds, exchanges, or credit transactions will be issued for merchandise that was previously purchased using the Card.

Governing Law/Arbitration. The laws of the State of Texas govern the Certificate and the terms and conditions of this Agreement, without regard to choice of law principles.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement or the purchase or use of the Certificates SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT. The arbitration shall take place before one (1) neutral arbitrator in the city of Houston, Texas.

The arbitration will be limited solely to the dispute or controversy between you and the Houston Astros. NEITHER YOU NOR THE ASTROS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. 1-16. Any fees associated with a legal claim or arbitrator fees will be the responsibility of the cardholder. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Lost or Stolen Certificates. Protect your Certificate as if it were cash and safeguard the Certificate from unauthorized use. Except where required by applicable law, Certificate will not be replaced if lost, stolen, mutilated or damaged.

Misuse of the Certificate. If we suspect any fraud or misuse in connection with a Certificate, we reserve the right in our discretion to suspend or terminate use of the Certificate. We may cancel the Certificate at any time, without notice.

Property Rights. The consideration paid for the Certificate, including any unredeemed balances, is the property of the Houston Astros.

Privacy Rights. We do not currently collect or maintain any personally identifiable information regarding the purchasers of the Certificates. However, we reserve the right to obtain personal information about you if such information is necessary to service the Certificate or respond to your inquiries or for other purposes.

Severability. If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.

Entire Agreement. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement.

Contact Information. For any questions or concerns regarding the Certificate, please call Customer Service at 713-259-8500 or send an email to: customerservice@astros.com. Please make sure the subject line on the email reads GIFT CERTIFICATE so the Astros can expedite a response to your email.